Abstract
This paper discusses the application of children’s best interests in participating in the matrimonial proceedings of the Malaysian Shariah Court. The existing legal framework governing the children’s participation is also examined by looking at the court procedure and Sulh processes. The Sulh process is the present mechanism, introduced by the Shariah Court to expedite the settlement of matrimonial disputes. In practice, the settlement is always subject to mutual consent of both parties involved in disputes, but rarely the importance of children’s interests and hopes is taken into consideration. Hence, various children’s best interests could have been jeopardized in the process of courts proceedings. Therefore, it is suggested that a Sulh Council for Children should be established and a standard judicial procedures for children’s participation in matrimonial disputes particularly in the case of Hadhanah be developed in order to protect the children’s best interests.
| Original language | English |
|---|---|
| Pages (from-to) | 4782-4786 |
| Number of pages | 5 |
| Journal | Advanced Science Letters |
| Volume | 23 |
| Issue number | 5 |
| DOIs | |
| Publication status | Published - 1 May 2017 |
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Keywords
- Best interest of the children
- Hadhanah
- Judicial procedure
- Shariah court
- Sulh
ASJC Scopus subject areas
- Health(social science)
- Computer Science(all)
- Education
- Mathematics(all)
- Environmental Science(all)
- Engineering(all)
- Energy(all)
Cite this
The application of the concept of best interests of the child in participating in the matrimonial proceeding in the Shariah court. / Yaakob, Adzidah; Ahmad, Asmidah; Musa, Abdul Samat; Hasbullah, Mushaddad; Rajuddin, ‘Ainun Syafiqah; Zakaria, Mohamad Zaharuddin; Mohd Awal, Noor Aziah; Samuri, Mohd. Al Adib.
In: Advanced Science Letters, Vol. 23, No. 5, 01.05.2017, p. 4782-4786.Research output: Contribution to journal › Article
}
TY - JOUR
T1 - The application of the concept of best interests of the child in participating in the matrimonial proceeding in the Shariah court
AU - Yaakob, Adzidah
AU - Ahmad, Asmidah
AU - Musa, Abdul Samat
AU - Hasbullah, Mushaddad
AU - Rajuddin, ‘Ainun Syafiqah
AU - Zakaria, Mohamad Zaharuddin
AU - Mohd Awal, Noor Aziah
AU - Samuri, Mohd. Al Adib
PY - 2017/5/1
Y1 - 2017/5/1
N2 - This paper discusses the application of children’s best interests in participating in the matrimonial proceedings of the Malaysian Shariah Court. The existing legal framework governing the children’s participation is also examined by looking at the court procedure and Sulh processes. The Sulh process is the present mechanism, introduced by the Shariah Court to expedite the settlement of matrimonial disputes. In practice, the settlement is always subject to mutual consent of both parties involved in disputes, but rarely the importance of children’s interests and hopes is taken into consideration. Hence, various children’s best interests could have been jeopardized in the process of courts proceedings. Therefore, it is suggested that a Sulh Council for Children should be established and a standard judicial procedures for children’s participation in matrimonial disputes particularly in the case of Hadhanah be developed in order to protect the children’s best interests.
AB - This paper discusses the application of children’s best interests in participating in the matrimonial proceedings of the Malaysian Shariah Court. The existing legal framework governing the children’s participation is also examined by looking at the court procedure and Sulh processes. The Sulh process is the present mechanism, introduced by the Shariah Court to expedite the settlement of matrimonial disputes. In practice, the settlement is always subject to mutual consent of both parties involved in disputes, but rarely the importance of children’s interests and hopes is taken into consideration. Hence, various children’s best interests could have been jeopardized in the process of courts proceedings. Therefore, it is suggested that a Sulh Council for Children should be established and a standard judicial procedures for children’s participation in matrimonial disputes particularly in the case of Hadhanah be developed in order to protect the children’s best interests.
KW - Best interest of the children
KW - Hadhanah
KW - Judicial procedure
KW - Shariah court
KW - Sulh
UR - http://www.scopus.com/inward/record.url?scp=85023762526&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=85023762526&partnerID=8YFLogxK
U2 - 10.1166/asl.2017.8899
DO - 10.1166/asl.2017.8899
M3 - Article
VL - 23
SP - 4782
EP - 4786
JO - Advanced Science Letters
JF - Advanced Science Letters
SN - 1936-6612
IS - 5
ER -